Accident liability for campus injury accidents, what is the scope of campus injury accidents

Legal Analysis: The scope of campus injury accidents refers to the accidents that occur in the school's educational activities or off-campus activities organized by the school, as well as in the school buildings, venues, other teaching facilities, and living facilities for which the school has management responsibility, resulting in the injury, disability or death of the student's personal rights are damaged.

Legal basis: Measures for the Handling of Student Accidental Injury Accidents

Article 2: These Measures apply to the handling of accidents that occur in school buildings, venues, other educational and teaching facilities, or living facilities that occur in school buildings, venues, and other educational and teaching facilities, or living facilities that are carried out in schools or organized by schools, or that cause personal injury to students at school.

Article 3: Student injury accidents shall be handled in a timely and proper manner in accordance with the principles of law, objectivity, fairness, reasonableness and appropriateness.

Article 1199 of the Civil Code (effective as of January 1, 2021) stipulates: "If a person without civil capacity suffers personal injury during the study and life of a kindergarten school or other educational institution, the kindergarten, school or other educational institution shall be liable, but if it can be proved that it has fulfilled its educational management duties, it shall not be liable." "Article 1200 states:

Where a person with limited capacity for civil conduct suffers physical injury while studying or living in a school or other educational institution, and the school or other educational establishment fails to perform its educational or management duties, it shall be liable. Article 1201 stipulates: "If a person who lacks or has limited capacity for civil conduct is personally injured by a person other than a person outside the kindergarten, school or other educational institution during the period of study and life in a kindergarten, school or other educational institution, the tortfeasor shall bear tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities.

According to the above-mentioned legal provisions, it can be clearly seen that when a campus injury accident occurs, whether the school should bear legal responsibility, and what kind of legal responsibility should be borne by the school, should first analyze whether the injured person has no capacity for civil conduct or a person with limited capacity for conduct, and if it is a person with no capacity for civil conduct, that is, a child under the age of 10 who is clearly injured, the school or other educational institution shall bear legal responsibility, unless the school or other educational institution has evidence to prove that it has fulfilled its educational management duties. A reversal of the burden of proof is adopted; If a person with limited capacity, i.e., a minor over the age of 10, is harmed, the school will bear legal responsibility only if the injured person can provide evidence to prove that the school has failed to fulfill its educational and management duties. Secondly, it should also analyze whether the injury suffered by the injured person came from the school or the injury of a person outside the school, and if it was caused by a person outside the school, the tortfeasor should bear the corresponding legal responsibility, but if the injured person can provide evidence to prove that the school failed to perform its management duties at the time of the injury, the school shall bear supplementary liability. According to the provisions of relevant laws, the school has some legal obligations to minor students, including education, management and protection.

However, it does not mean that as long as there is a student falling from the building, the school will be liable for compensation, and it is necessary to comprehensively analyze whether the school is at fault in this matter.

Article 1199 of the Civil Code [Presumption of Fault Liability of Educational Institutions] Where a person without capacity for civil conduct suffers personal injury during his or her study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability;However, if it can be proved that the education and management duties have been fulfilled, the tort liability shall not be borne.

Article 1200:[Fault Liability of Educational Establishments]Where persons with limited capacity for civil conduct suffer personal injury while studying or living in schools or other educational establishments, and the schools or other educational establishments fail to perform their educational or management duties, they shall bear tort liability.

Article 1201 [Allocation of Responsibility in the Case of Infringement by a Third Party in an Educational Institution] Where a person who lacks capacity for civil conduct or who has the ability to restrict civil conduct and is cautious in making noise is subjected to personal injury by a third party other than the kindergarten, school, or other educational institution during the period of study, study, or life in a kindergarten, school, or other educational institution, the third party shall bear tort liability;Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions may recover compensation from a third party after assuming supplementary liability.

According to the above-mentioned legal provisions, it can be clearly seen that when the campus filial piety accident occurs, whether the school should bear legal responsibility, what kind of legal responsibility should be borne, first of all, it should be analyzed whether the injured person is a person with no capacity for civil conduct or a person with limited capacity, if it is a person with no capacity for civil conduct, that is, a child under the age of 10 is injured, then the school or other educational institution should bear legal responsibility, unless the school or other educational institution has evidence to prove that it has fulfilled its educational management duties, and a reversal of the burden of proof is adopted; If a person with limited capacity, i.e., a minor over the age of 10, is harmed, the school will bear legal responsibility only if the injured person can provide evidence to prove that the school has failed to fulfill its educational and management duties.

Secondly, it should also analyze whether the injury suffered by the injured person came from the school or the injury of a person outside the school, and if it was caused by a person outside the school, the tortfeasor should bear the corresponding legal responsibility, but if the injured person can provide evidence to prove that the school failed to perform its management duties at the time of the injury, the school shall bear supplementary liability.